SHYAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The facts of this appeal are that complainant Gulaba P. W. 7 and injured Beni Ram P. W. 6 were working in their threshing field in village Kasimpur at about 6-7 a. m on 12-4-1972. The cattle of the accused Shyamlal and Sarwan trespassed into the threshing grounds. When their forage was objected to, they abused ; and attacked Beni Ram when he turned the cattle out of threshing floor for the third time. Accused Sarwan gave a lathi blow on Beni Ram and then caught hold of him, while Shyam Lal inflicted a Farsi blow. He became unconscious. Gulaba could not intervene because he was threatened to be similarly dealt with if he too dared. Report of this incident was lodged at 5 p.m. in the police station Kotwali Dholpur. A case was registered and after investigation, the accused were chalaned for trial under sections 307 and 447 Indian Penal Code The learned Additional Sessions Judge, Dholpur convicted Shyam Lal under sections 326 and 447 Indian Penal Code and awarded him seven years and one month of hard labour. He convicted Sarwan under sections 323 and 447 Indian Penal Code and sentenced him to rigorous imprisonment for six months and one month respectively. The sentences of imprisonment were directed to run concurrently. The judgment of the learned Additional Sessions Judge is dated 28-7-72 against which this appeal has been preferred by the accused appellants.

(2.) I have heard the arguments and perused the record.

(3.) The prosecution produced seven witnesses out of whom Agna P. W. 2, Charan Singh P. W. 3, and Lajja Ram P. W. 4 turned hostile to the prosecution and sided with the defence. The case of the defence as disclosed in the statement of Shyamlal under section 342 Cr. P. C. was that Sarwan and Buddha Ram clashed with each other. Sarwan fell down and his neck was pressed by Beni Ram. He rushed to his help with a Hansiya and delivered a Hansiya blow to Beni Ram in order to rescue Sarwan. Sarwan's case was that he grappled with Beni Ram over the goats. He slipped and Beni Ram sat upon him and pressed his neck. He was rescued by his brother. There was no need to produce any evidence in support because the aforesaid hostile witnesses had supported their plea. The learned Additional Sessions Judge discarded the evidence of the other witnesses but he believed this story of Beni Ram supported by Dr. N. S. Sarin who examined his injuries. The case of the prosecution was also supported by the statement of Gulaba Singh P.W. 7, who lodged the first information report. The learned Additional Sessions Judge observed that as a matter of fact the statement of Shyam Lal lent assurance to the prosecution evidence and he found no hesitation in holding that accused Shyam Lal delivered sharp weapon injuries to Beni Ram and accused Sarwan caused three simple injuries.